REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: KHIEM ROBERT LAWLOR
File: 07-190
Date of Consent Order: December 31, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-3(1)(i) and (j) [conflict of interest], 3-4 [duty to act honestly], 5-8 and 5-10 [material change in agency representation] of the Council Rules
Issue: Khiem Robert Lawlor, representative, Century 21 Bob Sutton Realty (P.G.) Ltd., Prince George, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) contravened section 3-4 of the Council Rules by representing to or leading a prospective buyer to believe that the highest offer had been accepted by the Court, when he knew or ought to have known this to be untrue or misleading; and (b) contravened sections 3-3(1)(i), 3-3(1)(j), 5-8 and 5-10 of the Council Rules by failing to obtain consent of the first buyer to represent the second buyer prior to writing the offer on behalf of the second buyer.
Result: Khiem Robert Lawlor was suspended for forty-five (45) days from February 25, 2009 to April 10, 2009 (inclusive) for professional misconduct as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Khiem Robert Lawlor, and a Consent Order was issued. Further, Khiem Robert Lawlor was ordered to successfully complete the disciplinary assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, to enrol in and attend the next available Unit 1 “Agency Disclosure, Privacy and the Code of Ethics ” of the Residential Trading Services Applied Practice Course, and to pay enforcement expenses to the Council in the amount of $750.00.
P: Jan 30, 2009 R: Jan 30, 2014